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Court Order confirming that the refinancing of discharge debt does not violate discharge injunction
Nancy:
A crazy judge, back in the 1980's, revoked a debtor's discharge for paying a discharged debt, holding the debtor was preferring a creditor and violating the debtor's own discharge. Congress immediately added 524(f), which says a debtor can voluntarily repay any debt.
When you make your motion add 524(f) to the request and the debtor's declaration, something like, "I, debtor, want to keep my house and will voluntarily pay the mortgage to keep the home, as is allowed under 524(f)."
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Apr 10, 2015, at 11:15 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Why not use/modify this local rule form for this purpose?
>
> http://www.cacb.uscourts.gov/sites/cacb ... OANMOD.pdf
>
>
>
> *************************
> Mark J. Markus
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> On 4/9/2015 3:43 PM, nancy korompis korompisn@yahoo.com [cdcbaa] wrote:
>> Has anyone had any experience on obtaining this from the court?
>>
>> This was an alternative request by lender to reaffirming the mortgage debt.
>>
>> Thank you.
>>
>> Best regards,
>>
>>
>> Nancy Korompis
>> Tel: (626) 716-7763
>>
>>
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The post was migrated from Yahoo.
I really hope this real property mortgage reaffirmation scenario gets addressed at the May 16 meeting of CDCBAA. (Hint, hint).
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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In the context of the first, I recently had Bank of America refuse to refinance a first trust deed to a lower rate from a former chapter 7 debtor who received a discharge about five years ago. B of A refused to refi on the theory that because its first was not reaffirmed in the bankruptcy it would be a discharge injunction violation to refinance it. At the same time it does not report any of the postpetition payments on the first trust deed so the debtor can easily show a timely payment history to another potential refinance lender. Of course B of A insinuates it's the chapter 7 lawyer's fault for not reaffirming in the chapter 7. Former debtor is understandably frustrated and the former debtor's lawyer is left with the headache.
Mark Jessee
Sent from my iPhone
> On Apr 10, 2015, at 7:04 AM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] wrote:
>
> Nancy: Is that anything like Stripped 2nd lenders coming forward after lien strip after the Chapter 13 Plan is over and offering debtors to settle their debt for pennies? Or offering loan modification? Sneaky huh?
>
>
>
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &
> California State Bar
> Certified Bankruptcy Specialist
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
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> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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> IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Department of the Treasury, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written by the practitioner to be used, and that it cannot be used by any taxpayer, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer, and (ii) supporting the promotion or marketing of any transactions or matters addressed herein.
>
>> On Thu, Apr 9, 2015 at 3:43 PM, nancy korompis korompisn@yahoo.com [cdcbaa] wrote:
>>
>> Has anyone had any experience on obtaining this from the court?
>>
>> This was an alternative request by lender to reaffirming the mortgage debt.
>>
>> Thank you.
>>
>> Best regards,
>>
>>
>> Nancy Korompis
>> Tel: (626) 716-7763
>>
>>
>> ------------------------------------------------------------------------>> This communication (including any attachments) is intended for use by the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail and delete all copies of the original communication. Thank you.
>
>
California State Bar Certified Bankruptcy Specialist OFF: (818) 734-7223CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for Ex Parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Department of the Treasury, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written by the practitioner to be used, and that it cannot be used by any taxpayer, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer, and (ii) supporting the promotion or marketing of any transactions or matters addressed herein.
On Thu, Apr 9, 2015 at 3:43 PM, nancy korompis korompisn@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.